7.2 Trial Procedures: Sessions, Warrant, Summons & Summary Trials

7.2 Trial Procedures: Sessions, Warrant, Summons & Summary Trials

[!NOTE] Constitutional Core: A criminal trial represents the formal judicial mechanism whereby sovereign authority tests the culpability of an accused. The Bharatiya Nagarik Suraksha Sanhita, 2023 systematically categorizes trials based on offence gravity, potential sentence severity, and evidentiary complexity across Chapters XVIII to XXII. Mastering the distinctions between discharge and acquittal, police-report versus private-complaint warrant procedures, and the enhanced summary trial ceilings under Section 283 BNSS is paramount for judicial aspirants.

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1. Trial Before a Court of Session (Chapter XVIII Sections 251–265)

A Court of Session tries the most heinous penal offences (punishable with imprisonment exceeding 7 years, life imprisonment, or death) upon committal by a Magistrate under Section 232 BNSS.

                      SESSIONS TRIAL PROCEDURAL PIPELINE
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  1. Opening Case for Prosecution by Public Prosecutor (Sec. 251 & 252)
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  2. Evaluation of Record: Discharge (Sec. 253) OR Framing of Charge (Sec. 254)
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  3. Plea of Guilty (Sec. 255) OR Trial Continues -> Prosecution Evidence (Sec. 256)
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  4. Acquittal if No Evidence (Sec. 257) OR Enter upon Defence Evidence (Sec. 258)
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  5. Arguments (Sec. 259) ──> Judgment of Acquittal or Conviction (Sec. 260)

The Discharge Standard: Section 253 BNSS (CrPC 227)

Under Section 253 BNSS, if upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution, the Judge considers that there is no sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons.

• The Prafulla Kumar Samal Principles: In Union of India v. Prafulla Kumar Samal ((1979) 3 SCC 4) and reaffirmed in Sajjan Kumar v. CBI ((2010) 9 SCC 368), the Supreme Court laid down that at the stage of Section 253/254:
  1. The Judge has the undoubted power to sift and weigh the evidence for the limited purpose of finding out whether or not a prima facie case against the accused has been made out.
  2. Where the materials disclose grave suspicion which has not been properly explained, the Court will be fully justified in framing a charge.
  3. The Court cannot conduct a roving inquiry or mini-trial into the pros and cons of the matter as if conducting the final trial.

Mid-Trial Acquittal: Section 257 BNSS (CrPC 232)

If, after taking the evidence for the prosecution, examining the accused under Section 351 BNSS (CrPC Section 313), and hearing the prosecution and the defence, the Judge considers that there is no evidence that the accused committed the offence, the Judge shall record an order of acquittal. The accused is spared the burden of calling defence evidence.

Bifurcated Sentencing Hearing: Section 260(2) BNSS (CrPC 235(2))

If the accused is convicted, the Judge shall hear the accused on the question of sentence and then pass sentence according to law. Failure to afford a separate hearing on sentence constitutes a severe procedural irregularity affecting the validity of the sentence (Santa Singh v. State of Punjab, (1976) 4 SCC 190).

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2. Trial of Warrant Cases by Magistrates (Chapter XIX Sections 261–273)

A 'warrant case' [Section 2(1)(x) BNSS / CrPC 2(x)] means a case relating to an offence punishable with death, imprisonment for life, or imprisonment for a term exceeding two years. Chapter XIX establishes two distinct procedural tracks based on how the case was instituted:

Track A: Cases Instituted on a Police Report (Sections 261–266)

1. Compliance with Section 230 BNSS [Section 261]: The Magistrate must satisfy himself that copies of the police report, FIR, statements under Section 180, confessions/statements under Section 183, and all relevant documents have been furnished to the accused.
2. Discharge under Section 262 BNSS [CrPC Section 239]: If, upon considering the police report and documents sent under Section 193 and giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused and record his reasons.
3. Framing of Charge [Section 263 BNSS]: If the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is competent to try and adequately punish, he shall frame in writing a charge against the accused.
4. Evidence for Prosecution & Defence [Sections 265 & 266]: Witnesses are examined, and the accused exercises his statutory right to cross-examine prosecution witnesses and adduce defence evidence.

Track B: Cases Instituted Otherwise Than on Police Report (Sections 267–273)

1. Pre-Charge Evidence [Section 267 BNSS / CrPC Section 244]: In a private complaint warrant case, before framing a charge, the Magistrate must hear the prosecution and take all such evidence as may be produced in support of the prosecution.
2. Discharge Standards under Section 268 BNSS [CrPC Section 245]:
   • Section 268(1): If, upon taking all the evidence referred to in Section 267, the Magistrate considers that no case against the accused has been made out which, if unrebutted, would warrant his conviction, the Magistrate shall discharge him.
   • Section 268(2): The Magistrate may discharge the accused at any previous stage of the case if, for reasons to be recorded, he considers the charge to be groundless.
3. Absence of Complainant [Section 272 BNSS / CrPC Section 249]: When the proceedings have been instituted upon complaint, and on any day fixed for the hearing the complainant is absent, and the offence may be lawfully compounded or is not a cognizable offence, the Magistrate may, in his discretion, at any time before the charge has been framed, discharge the accused.

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3. Trial of Summons Cases by Magistrates (Chapter XX Sections 274–282)

A 'summons case' [Section 2(1)(w) BNSS / CrPC 2(w)] means a case relating to an offence, and not being a warrant case (i.e., offences punishable with imprisonment up to two years or with fine only).

Crucial Summons Provisions

• Substance of Accusation [Section 274 BNSS / CrPC 251]: When the accused appears or is brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be asked whether he pleads guilty or has any defence to make, but it shall not be necessary to frame a formal charge.
• Death or Non-Appearance of Complainant [Section 279 BNSS / CrPC 256]: If the complainant does not appear, the Magistrate shall acquit the accused, unless for some reason he thinks proper to adjourn the hearing. Section 279(2) clarifies that where the complainant is represented by an advocate or where the personal attendance of the complainant is dispensed with, the Magistrate may proceed with the case.
• Conversion of Summons into Warrant Case [Section 282 BNSS / CrPC 259]: If in the trial of a summons case relating to an offence punishable with imprisonment for a term exceeding six months, the Magistrate is of opinion that in the interests of justice the offence should be tried in accordance with the procedure for warrant cases, he may rehear the case in the manner provided for warrant cases.

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4. Summary Trials (Chapter XXI Sections 283–288)

Summary trials provide an expedited, non-cumbersome procedure for disposing of petty offences without recording elaborate evidence.

Power to Try Summarily [Section 283 BNSS / CrPC 260]

Any Chief Judicial Magistrate, or any Judicial Magistrate of the first class specially empowered in this behalf by the High Court, may try in a summary way all or any of the following offences:

1. Offences not punishable with death, imprisonment for life, or imprisonment for a term exceeding three (3) years.

   [!IMPORTANT] Enhanced BNSS Scope: Under Section 260 of the old CrPC 1973, summary trials were capped at offences punishable with imprisonment up to two years. Section 283 BNSS substantially expands this threshold to offences punishable with imprisonment up to three (3) years, bringing a vast array of minor penal offences into expedited summary proceedings.

2. Theft of property under Section 303(2) BNS where the value of stolen property does not exceed twenty thousand rupees (increased from Rs. 2,000 under CrPC 260).
3. Receiving or retaining stolen property under Section 317(2) BNS of value not exceeding twenty thousand rupees.
4. Assisting in concealment or disposal of stolen property under Section 317(5) BNS of value not exceeding twenty thousand rupees.
5. Offences under Sections 329(1), 331, and 333 BNS (house-trespass and lurking house-trespass).
6. Insult with intent to provoke breach of peace and criminal intimidation.
7. Abetment of, or attempt to commit, any of the foregoing offences.

Procedure and Sentence Limits [Section 285 BNSS / CrPC 262]

• Procedure: In summary trials, the procedure specified for the trial of summons cases shall be followed, except as mentioned in Chapter XXI.
• Sentencing Ceiling [Section 285(2) BNSS]: No sentence of imprisonment for a term exceeding three (3) months shall be passed on any conviction under this Chapter.

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5. Plea Bargaining (Chapter XXII Sections 289–300)

Introduced into Indian law to address mounting case backlogs, plea bargaining represents a formal pre-trial conciliation between the prosecution, victim, and accused.

Applicability and Ineligibility [Section 289 BNSS / CrPC 265A]

• Applicable: To offences for which the punishment prescribed by law does not exceed imprisonment for seven (7) years.
• Absolute Statutory Bars: Plea bargaining is strictly barred in:
  1. Offences affecting the socio-economic condition of the country (as notified by the Central Government);
  2. Offences committed against women;
  3. Offences committed against children below fourteen (14) years of age;
  4. Cases where the accused has previously been convicted by a Court in a case in which he had been charged with the same offence.

Procedural Protocol & Finality

• In-Camera Examination [Section 290 BNSS]: The Court examines the accused in-camera (without the presence of the prosecutor or victim) to satisfy itself that the application was filed voluntarily.
• Mutually Satisfactory Disposition (MSD) [Section 291 BNSS]: A disposition is worked out which may include compensation to the victim.
• Sentencing Rules [Section 293 BNSS]: The Court may release the convict on probation, or award half of the minimum punishment, or, if no minimum punishment is prescribed, award one-fourth of the punishment provided for such offence.
• Finality of Judgment [Section 295 BNSS]: The judgment delivered by the Court in plea bargaining shall be final and no appeal shall lie in any Court against such judgment, except under Article 136 (Special Leave Petition) or Articles 226/227 (Writ Jurisdiction).
• Bar on Use of Statements [Section 299 BNSS]: Statements or facts stated by an accused in an application for plea bargaining shall not be used for any other purpose except for the purpose of this Chapter.

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